United States Government Publishing Office publisher pbl distributor dst United States Congress House of Representatives author aut Government Organization text government publication eng CRPT Congressional Committee Materials 105_cong_reports legislative 2010-08-09 U.S. Government Printing Office 1997-10-24 monographic deposited born digital 191 digital object pages Y 1.1/8: https://www.govinfo.gov/app/details/CRPT-105hrpt347 P0b002ee180325216 f:hr347.105.txt DGPO 2010-08-09 2024-11-10 CRPT-105hrpt347 machine generated eng fdlp Report to accompany H.R. 1702, including cost estimate of the Congressional Budget Office, The Committee on Science, to whom was referred the bill (H.R. 1702) to encourage the development of a commercial space industry in the United States, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. C O N T E N T S Page I. Amendment.......................................................2 II. Purpose of the Bill............................................13 III. Background and Need for the Legislation........................13 IV. Summary of Hearings............................................14 V. Summary of Major Provisions of the Bill........................18 VI. Section-by-Section Analysis (By Title and Section) and Committee Views..........................................................19 VII. Committee Cost Estimate........................................32 VIII. Congressional Budget Office Cost Estimate......................33 IX. Compliance with Public Law 104-4...............................36 X. Committee Oversight Findings and Recommendations...............36 XI. Oversight Findings and Recommendations by the Committee on Government Reform and Oversight................................36 XII. Constitutional Authority Statement.............................36 XIII. Federal Advisory Committee Statement...........................36 XIV. Congressional Accountability Act...............................36 XV. Effects of Legislation on inflation............................37 XVI. Changes in Existing Law Made by the Bill, as Reported..........37 XVII. Committee Recommendations......................................60 XVIII.Proceedings of Subcommittee Markup.............................61 IX. Proceedings of Full Committee Markup..........................117 I. Amendment The amendment is as follows: Strike out all after the enacting clause and insert in lieu thereof the following: SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Commercial Space Act of 1997''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES Sec. 101. Commercialization of space station. Sec. 102. Commercial space launch amendments. Sec. 103. Launch voucher demonstration program. Sec. 104. Promotion of United States Global Positioning System standards. Sec. 105. Acquisition of space science data. Sec. 106. Administration of Commercial Space Centers. TITLE II--REMOTE SENSING Sec. 201. Land Remote Sensing Policy Act of 1992 amendments. Sec. 202. Acquisition of earth science data. TITLE III--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES Sec. 301. Requirement to procure commercial space transportation services. Sec. 302. Acquisition of space transportation services. Sec. 303. Launch Services Purchase Act of 1990 amendments. SEC. 2. DEFINITIONS. For purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the National Aeronautics and Space Administration; (2) the term ``commercial provider'' means any person providing space transportation services or other space-related activities, primary control of which is held by persons other than Federal, State, local, and foreign governments; (3) the term ``payload'' means anything that a person undertakes to transport to, from, or within outer space, or in suborbital trajectory, by means of a space transportation vehicle, but does not include the space transportation vehicle itself except for its components which are specifically designed or adapted for that payload; (4) the term ``space-related activities'' includes research and development, manufacturing, processing, service, and other associated and support activities; (5) the term ``space transportation services'' means the preparation of a space transportation vehicle and its payloads for transportation to, from, or within outer space, or in suborbital trajectory, and the conduct of transporting a payload to, from, or within outer space, or in suborbital trajectory; (6) the term ``space transportation vehicle'' means any vehicle constructed for the purpose of operating in, or transporting a payload to, from, or within, outer space, or in suborbital trajectory, and includes any component of such vehicle not specifically designed or adapted for a payload; (7) the term ``State'' means each of the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession of the United States; and (8) the term ``United States commercial provider'' means a commercial provider, organized under the laws of the United States or of a State, which is-- (A) more than 50 percent owned by United States nationals; or (B) a subsidiary of a foreign company and the Secretary of Transportation finds that-- (i) such subsidiary has in the past evidenced a substantial commitment to the United States market through-- (I) investments in the United States in long-term research, development, and manufacturing (including the manufacture of major components and subassemblies); and (II) significant contributions to employment in the United States; and (ii) the country or countries in which such foreign company is incorporated or organized, and, if appropriate, in which it principally conducts its business, affords reciprocal treatment to companies described in subparagraph (A) comparable to that afforded to such foreign company's subsidiary in the United States, as evidenced by-- (I) providing comparable opportunities for companies described in subparagraph (A) to participate in Government sponsored research and development similar to that authorized under this Act; (II) providing no barriers, to companies described in subparagraph (A) with respect to local investment opportunities, that are not provided to foreign companies in the United States; and (III) providing adequate and effective protection for the intellectual property rights of companies described in subparagraph (A). TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES SEC. 101. COMMERCIALIZATION OF SPACE STATION. (a) Policy.--The Congress declares that a priority goal of constructing the international Space Station is the economic development of Earth orbital space. The Congress further declares that free and competitive markets create the most efficient conditions for promoting economic development, and should therefore govern the economic development of Earth orbital space. The Congress further declares that the use of free market principles in operating, servicing, allocating the use of, and adding capabilities to the Space Station, and the resulting fullest possible engagement of commercial providers and participation of commercial users, will reduce Space Station operational costs for all partners and the Federal Government's share of the United States burden to fund operations. (b) Reports.--(1) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 90 days after the date of the enactment of this Act, a study that identifies and examines-- (A) the opportunities for commercial providers to play a role in international Space Station activities, including operation, use, servicing, and augmentation; (B) the potential cost savings to be derived from commercial providers playing a role in each of these activities; (C) which of the opportunities described in subparagraph (A) the Administrator plans to make available to commercial providers in fiscal year 1998 and 1999; (D) the specific policies and initiatives the Administrator is advancing to encourage and facilitate these commercial opportunities; and (E) the revenues and cost reimbursements to the Federal Government from commercial users of the Space Station. (2) The Administrator shall deliver to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, within 180 days after the date of the enactment of this Act, an independently-conducted market study that examines and evaluates potential industry interest in providing commercial goods and services for the operation, servicing, and augmentation of the international Space Station, and in the commercial use of the international Space Station. This study shall also include updates to the cost savings and revenue estimates made in the study described in paragraph (1) based on the external market assessment. (3) The Administrator shall deliver to the Congress, no later than the submission of the President's annual budget request for fiscal year 1999, a report detailing how many proposals (whether solicited or not) the National Aeronautics and Space Administration received during calendar year 1997 regarding commercial operation, servicing, utilization, or augmentation of the international Space Station, broken down by each of these four categories, and specifying how many agreements the National Aeronautics and Space Administration has entered into in response to these proposals, also broken down by these four categories. (4) Each of the studies and reports required by paragraphs (1), (2), and (3) shall include consideration of the potential role of State governments as brokers in promoting commercial participation in the international Space Station program. SEC. 102. COMMERCIAL SPACE LAUNCH AMENDMENTS. (a) Amendments.--Chapter 701 of title 49, United States Code, is amended-- (1) in the table of sections-- (A) by amending the item relating to section 70104 to read as follows: ``70104. Restrictions on launches, operations, and reentries.''; (B) by amending the item relating to section 70108 to read as follows: ``70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries.''; (C) by amending the item relating to section 70109 to read as follows: ``70109. Preemption of scheduled launches or reentries.''; and (D) by adding at the end the following new items: ``70120. Regulations. ``70121. Report to Congress.''. (2) in section 70101-- (A) by inserting ``microgravity research,'' after ``information services,'' in subsection (a)(3); (B) by inserting ``, reentry,'' after ``launching'' both places it appears in subsection (a)(4); (C) by inserting ``, reentry vehicles,'' after ``launch vehicles'' in subsection (a)(5); (D) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(6); (E) by inserting ``, reentries,'' after ``launches'' both places it appears in subsection (a)(7); (F) by inserting ``, reentry sites,'' after ``launch sites'' in subsection (a)(8); (G) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(8); (H) by inserting ``reentry sites,'' after ``launch sites,'' in subsection (a)(9); (I) by inserting ``and reentry site'' after ``launch site'' in subsection (a)(9); (J) by inserting ``, reentry vehicles,'' after ``launch vehicles'' in subsection (b)(2); (K) by striking ``launch'' in subsection (b)(2)(A); (L) by inserting ``and reentry'' after ``conduct of commercial launch'' in subsection (b)(3); (M) by striking ``launch'' after ``and transfer commercial'' in subsection (b)(3); and (N) by inserting ``and development of reentry sites,'' after ``launch-site support facilities,'' in subsection (b)(4); (3) in section 70102-- (A) in paragraph (3)-- (i) by striking ``and any payload'' and inserting in lieu thereof ``or reentry vehicle and any payload from Earth''; (ii) by striking the period at the end of subparagraph (C) and inserting in lieu thereof a comma; and (iii) by adding after subparagraph (C) the following: ``including activities involved in the preparation of a launch vehicle or payload for launch, when those activities take place at a launch site in the United States.''; (B) in paragraph (5)-- (i) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (ii) by inserting before subparagraph (B), as so redesignated by clause (i) of this subparagraph, the following new subparagraph: ``(A) activities directly related to the preparation of a launch site or payload facility for one or more launches;''; (C) by inserting ``or reentry vehicle'' after ``means of a launch vehicle'' in paragraph (8); (D) by redesignating paragraphs (10), (11), and (12) as paragraphs (14), (15), and (16), respectively; (E) by inserting after paragraph (9) the following new paragraphs: ``(10) `reenter' and `reentry' mean to return or attempt to return, purposefully, a reentry vehicle and its payload, if any, from Earth orbit or from outer space to Earth. ``(11) `reentry services' means-- ``(A) activities involved in the preparation of a reentry vehicle and its payload, if any, for reentry; and ``(B) the conduct of a reentry. ``(12) `reentry site' means the location on Earth to which a reentry vehicle is intended to return (as defined in a license the Secretary issues or transfers under this chapter). ``(13) `reentry vehicle' means a vehicle designed to return from Earth orbit or outer space to Earth, or a reusable launch vehicle designed to return from outer space to Earth, substantially intact.''; and (F) by inserting ``or reentry services'' after ``launch services'' each place it appears in paragraph (15), as so redesignated by subparagraph (D) of this paragraph; (4) in section 70103(b)-- (A) by inserting ``and Reentries'' after ``Launches'' in the subsection heading; (B) by inserting ``and reentries'' after ``commercial space launches'' in paragraph (1); and (C) by inserting ``and reentry'' after ``space launch'' in paragraph (2); (5) in section 70104-- (A) by amending the section designation and heading to read as follows: ``Sec. 70104. Restrictions on launches, operations, and reentries''; (B) by inserting ``or reentry site, or to reenter a reentry vehicle,'' after ``operate a launch site'' each place it appears in subsection (a); (C) by inserting ``or reentry'' after ``launch or operation'' in subsection (a)(3) and (4); (D) in subsection (b)-- (i) by striking ``launch license'' and inserting in lieu thereof ``license''; (ii) by inserting ``or reenter'' after ``may launch''; and (iii) by inserting ``or reentering'' after ``related to launching''; and (E) in subsection (c)-- (i) by amending the subsection heading to read as follows: ``Preventing Launches and Reentries.--''; (ii) by inserting ``or reentry'' after ``prevent the launch''; and (iii) by inserting ``or reentry'' after ``decides the launch''; (6) in section 70105-- (A) by inserting ``(1)'' before ``A person may apply'' in subsection (a); (B) by striking ``receiving an application'' both places it appears in subsection (a) and inserting in lieu thereof ``accepting an application in accordance with criteria established pursuant to subsection (b)(2)(D)''; (C) by adding at the end of subsection (a) the following: ``The Secretary shall transmit to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a written notice not later than 30 days after any occurrence when a license is not issued within the deadline established by this subsection. ``(2) in carrying out paragraph (1), the Secretary may establish procedures for safety approvals of launch vehicles, reentry vehicles, safety systems, processes, services, or personnel that may be used in conducting licensed commercial space launch or reentry activities.''; (D) by inserting ``or a reentry site, or the reentry of a reentry vehicle,'' after ``operation of a launch site'' in subsection (b)(1); (E) by striking ``or operation'' and inserting in lieu thereof ``, operation, or reentry'' in subsection (b)(2)(A); (F) by striking ``and'' at the end of subsection (b)(2)(B); (G) by striking the period at the end of subsection (b)(2)(C) and inserting in lieu thereof ``; and''; (H) by adding at the end of subsection (b)(2) the following new subparagraph: ``(D) regulations establishing criteria for accepting or rejecting an application for a license under this chapter within 60 days after receipt of such application.''; and (I) by inserting ``, including the requirement to obtain a license,'' after ``waive a requirement'' in subsection (b)(3); (7) in section 70106(a)-- (A) by inserting ``or reentry site'' after ``observer at a launch site''; (B) by inserting ``or reentry vehicle'' after ``assemble a launch vehicle''; and (C) by inserting ``or reentry vehicle'' after ``with a launch vehicle''; (8) in section 70108-- (A) by amending the section designation and heading to read as follows: ``Sec. 70108. Prohibition, suspension, and end of launches, operation of launch sites and reentry sites, and reentries''; and (B) in subsection (a)-- (i) by inserting ``or reentry site, or reentry of a reentry vehicle,'' after ``operation of a launch site''; and (ii) by inserting ``or reentry'' after ``launch or operation''; (9) in section 70109-- (A) by amending the section designation and heading to read as follows: ``Sec. 70109. Preemption of scheduled launches or reentries''; (B) in subsection (a)-- (i) by inserting ``or reentry'' after ``ensure that a launch''; (ii) by inserting ``, reentry site,'' after ``United States Government launch site''; (iii) by inserting ``or reentry date commitment'' after ``launch date commitment''; (iv) by inserting ``or reentry'' after ``obtained for a launch''; (v) by inserting ``, reentry site,'' after ``access to a launch site''; (vi) by inserting ``, or services related to a reentry,'' after ``amount for launch services''; and (vii) by inserting ``or reentry'' after ``the scheduled launch''; and (C) in subsection (c), by inserting ``or reentry'' after ``prompt launching''; (10) in section 70110-- (A) by inserting ``or reentry'' after ``prevent the launch'' in subsection (a)(2); and (B) by inserting ``or reentry site, or reentry of a reentry vehicle,'' after ``operation of a launch site'' in subsection (a)(3)(B); (11) in section 70111-- (A) by inserting ``or reentry'' after ``launch'' in subsection (a)(1)(A); (B) by inserting ``and reentry services'' after ``launch services'' in subsection (a)(1)(B); (C) by inserting ``or reentry services'' after ``or launch services'' in subsection (a)(2); (D) by inserting ``or reentry'' after ``commercial launch'' both places it appears in subsection (b)(1); (E) by inserting ``or reentry services'' after ``launch services'' in subsection (b)(2)(C); (F) by inserting after subsection (b)(2) the following new paragraph: ``(3) The Secretary shall ensure the establishment of uniform guidelines for, and consistent implementation of, this section by all Federal agencies.''; (G) by striking ``or its payload for launch'' in subsection (d) and inserting in lieu thereof ``or reentry vehicle, or the payload of either, for launch or reentry''; and (H) by inserting ``, reentry vehicle,'' after ``manufacturer of the launch vehicle'' in subsection (d); (12) in section 70112-- (A) in subsection (a)(1), by inserting ``launch or reentry'' after ``(1) When a''; (B) by inserting ``or reentry'' after ``one launch'' in subsection (a)(3); (C) by inserting ``or reentry services'' after ``launch services'' in subsection (a)(4); (D) in subsection (b)(1), by inserting ``launch or reentry'' after ``(1) A''; (E) by inserting ``or reentry services'' after ``launch services'' each place it appears in subsection (b); (F) by inserting ``applicable'' after ``carried out under the'' in paragraphs (1) and (2) of subsection (b); (G) by striking ``, Space, and Technology'' in subsection (d)(1); (H) by inserting ``or Reentries'' after ``Launches'' in the heading for subsection (e); (I) by inserting ``or reentry site or a reentry'' after ``launch site'' in subsection (e); and (J) in subsection (f), by inserting ``launch or reentry'' after ``carried out under a''; (13) in section 70113(a)(1) and (d)(1) and (2), by inserting ``or reentry'' after ``one launch'' each place it appears; (14) in section 70115(b)(1)(D)(i)-- (A) by inserting ``reentry site,'' after ``launch site,''; and (B) by inserting ``or reentry vehicle'' after ``launch vehicle'' both places it appears; (15) in section 70117-- (A) by inserting ``or reentry site, or to reenter a reentry vehicle'' after ``operate a launch site'' in subsection (a); (B) by inserting ``or reentry'' after ``approval of a space launch'' in subsection (d); (C) by amending subsection (f) to read as follows: ``(f) Launch Not an Export; Reentry Not an Import.--A launch vehicle, reentry vehicle, or payload that is launched or reentered is not, because of the launch or reentry, an export or import, respectively, for purposes of a law controlling exports or imports.''; and (D) in subsection (g)-- (i) by striking ``operation of a launch vehicle or launch site,'' in paragraph (1) and inserting in lieu thereof ``reentry, operation of a launch vehicle or reentry vehicle, operation of a launch site or reentry site,''; and (ii) by inserting ``reentry,'' after ``launch,'' in paragraph (2); and (16) by adding at the end the following new sections: ``Sec. 70120. Regulations ``(a) in General.--The Secretary of Transportation, within 9 months after the date of the enactment of this section, shall issue regulations to carry out this chapter that include-- ``(1) guidelines for industry and State governments to obtain sufficient insurance coverage for potential damages to third parties; ``(2) procedures for requesting and obtaining licenses to launch a commercial launch vehicle; ``(3) procedures for requesting and obtaining operator licenses for launch; ``(4) procedures for requesting and obtaining launch site operator licenses; and ``(5) procedures for the application of government indemnification. ``(b) Reentry.--The Secretary of Transportation, within 6 months after the date of the enactment of this section, shall issue a notice of proposed rulemaking to carry out this chapter that includes-- ``(1) procedures for requesting and obtaining licenses to reenter a reentry vehicle; ``(2) procedures for requesting and obtaining operator licenses for reentry; and ``(3) procedures for requesting and obtaining reentry site operator licenses. ``Sec. 70121. Report to Congress ``The Secretary of Transportation shall submit to Congress an annual report to accompany the President's budget request that-- ``(1) describes all activities undertaken under this chapter, including a description of the process for the application for and approval of licenses under this chapter and recommendations for legislation that may further commercial launches and reentries; and ``(2) reviews the performance of the regulatory activities and the effectiveness of the Office of Commercial Space Transportation.''. (b) Effective Date.--The amendments made by subsection (a)(6)(B) shall take effect upon the effective date of final regulations issued pursuant to section 70105(b)(2)(D) of title 49, United States Code, as added by subsection (a)(6)(H). SEC. 103. LAUNCH VOUCHER DEMONSTRATION PROGRAM. HRPT CRPT-105hrpt347 HOUSE 105 347 1 false true https://www.govinfo.gov/app/details/CRPT-105hrpt347 https://www.govinfo.gov/content/pkg/CRPT-105hrpt347/html/CRPT-105hrpt347.htm https://www.govinfo.gov/content/pkg/CRPT-105hrpt347/pdf/CRPT-105hrpt347.pdf H. Rept. 105-347 The Committee on Science, to whom was referred the bill (H.R. 1702) To encourage the development of a commercial space industry in the United States, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. COMMERCIAL SPACE ACT OF 1997;H. Rept. 105-347 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed FIRSTPART CRPT-105hrpt347 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 1 Commercial Space Act of 1997 The Committee on Science, to whom was referred the bill (H.R. 1702) To encourage the development of a commercial space industry in the United States, and for other purposes, having considered the same, reports favorably thereon with an amendment and recommends that the bill as amended do pass. Mr. Sensenbrenner, from the Committee on Science, submitted the following Committee on Science Science Mr. Sensenbrenner F. James Sensenbrenner, Jr. Sensenbrenner, F. James, Jr. F. James Sensenbrenner

H.R. 1702, 105th F. James Sensenbrenner, Jr. United States House of Representatives sponsor spn United States Congress Member United States Congress House of Representatives Committee on Science associated name asn Government Organization H.R. 1275 105 OTHER H.R. 1702 105 OTHER H.R. 1702 105 PRIMARY Title 5 Section 553 5 U.S.C. 553 Title 10 Section 2304 Title 10 Section 2306a 10 U.S.C. 2304 10 U.S.C. 2306a Title 15 Section 5601 Title 15 Section 5601et seq. Title 15 Section 5611 Title 15 Section 5621 Title 15 Section 5622 Title 15 Section 5623(a)(2) Title 15 Section 5624 Title 15 Section 5625(c) Title 15 Section 5631 Title 15 Section 5632 Title 15 Section 5633 Title 15 Section 5641(b)(3) Title 15 Section 5651(a) Title 15 Section 5652(c)(7) Title 15 Section 5657 Title 15 Section 5803 15 U.S.C. 5601 15 U.S.C. 5601et seq. 15 U.S.C. 5611 15 U.S.C. 5621 15 U.S.C. 5622 15 U.S.C. 5623(a)(2) 15 U.S.C. 5624 15 U.S.C. 5625(c) 15 U.S.C. 5631 15 U.S.C. 5632 15 U.S.C. 5633 15 U.S.C. 5641(b)(3) 15 U.S.C. 5651(a) 15 U.S.C. 5652(c)(7) 15 U.S.C. 5657 15 U.S.C. 5803 Title 42 Section 2451 Title 42 Section 2465bet seq. 42 U.S.C. 2451 42 U.S.C. 2465bet seq. Title 49 Section 70101 Title 49 Section 70101et seq. Title 49 Section 70105(b)(2)(D) Title 49 Chapter 701 49 U.S.C. 70101 49 U.S.C. 70101et seq. 49 U.S.C. 70105(b)(2)(D) 49 U.S.C. Chapter 701 Public Law 98-575 Public Law No 98-575 Public Law 100-657 Public Law No 100-657 Public Law 102-555 Public Law No 102-555 Public Law 102-588 Public Law No 102-588 Public Law 104-1 Public Law No 104-1 Public Law 104-4 Public Law No 104-4 Title 14 Part 440 14 CFR Part 440